Kemp
v. CIGNA Property & Casualty [12/16/99] 1999 MTWCC 81 Following
Lockhart v. New Hampshire Ins. Co.,
1999 MT 205, counsel for a medical provider wrote an insurer asserting
that the medical provider must be paid its fees without deduction of the
20% attorney fee lien which the Supreme Court had decided must come out
of medical benefits when the attorneys work resulted in obtaining medical
benefits in a disputed liability case. Counsel attempted to distinguish
Lockhart as applying only when other benefits were not sufficient
to satisfy the fees. WCC held counsel's argument was frivolous under Lockhart,
suggesting it may be sanctionable if made in a case in which counsel actually
appeared.